Child Support

The child support guidelines in Section 61.30, Florida Statutes establishes child support paid to support a child. The net monthly incomes of the parents are combined to determine the minimum support need of the child. The statute shall determine income on a monthly basis for each parent as follows:

Salary or wages;

Bonuses, commissions, allowances, overtime, tip and other similar payments;

Business income from self employment, partnerships, close corporations and independent contracts. Business income means gross receipts minus ordinary and necessary expenses required to produce income.

Disability benefits;

All workers compensation benefits and settlements;

Unemployment compensation;

Pension, retirement or annuity payments;

Social Security benefits;

Spousal support received from a previous marriage or ordered in the marriage before the court;

Reimbursed expenses or in kind payments to the extent that they reduce living expenses;

Gains derived from dealing in property, unless the claim is non-recurring.

If a parent is not employed based on the voluntariness of the parent, monthly income shall be imputed to an unemployed or underemployed parent.

Net income is obtained by subtracting the following allowable deductions from gross income as follows:

Federal, state and local income tax deductions, adjusted for actual filing status and allowable dependents and income tax liabilities;

Federal insurance contributions or self employment tax;

Mandatory union dues;

Mandatory retirement payments;

Health insurance payment, excluding payments for coverage of the child;

Court ordered support for other children which is actually paid;

Spousal support paid pursuant to a court order from a previous marriage or marriage before the court;

Child care costs incurred due to employment, job search or education calculated to result in employment shall be added to the basic child support obligation. Also, health insurance costs for the child shall be added.

Each parent’s percentage of child support need shall be determined by dividing each parents net monthly by the combined net monthly income.

Florida Statutes 61.30 also states that the court may adjust the total minimum child support award, for either or both parents’ share of the total minimum child support award based upon the following deviation factors:

Extraordinary medical, psychological, educational or dental expense;

Independent income of the child, not to include money received from supplemental security income;

Payment of support for a parent which has been regularly paid and for which there is a demonstrated need;

Seasonal variations in one or both parents’ income and expenses;

Age of the child, taken into account the greater needs of older children;

Special needs, such as costs that may be associated with the disability of a child that has traditionally been met with the family budget even though fulfilling those needs will cause the support to exceed the amount established by the guidelines;

Total available assets of the obligee; obligor and the child;

Impact of the Child and Dependent Tax Credit, Earned Income Tax Credit and dependency exemptions and waiver of that exemption.

Whether the child support guidelines requires a person to pay more than 55 percent of his gross income for child support resulting from a single support order;

A parenting plan where the child spends a significant amount of time, but less than 20 percent of the overnights, with one parent; thereby reducing the financial expenditures incurred by the other parent; or the refusal of a parent to become involved in the activities of the child

Any other adjustment that is needed to achieve an equitable result which may include, but not limited to a reasonable and necessary existing expense or debt.

Nancy McRoberts Parham, P.A.

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Nancy McRoberts Parham, P.A. serves clients throughout the Tampa Bay area including Hillsborough County, Pinellas County, Pasco County, Sarasota County, Hernando County, Manatee County, Polk County and Marion County as well as the communities of Tampa, Lutz, St. Petersburg, Clearwater, Brandon, Ocala, Sarasota, Lithia, Palm Harbor, Tarpon Springs, Wesley Chapel, Carrollwood, Odessa, Bradenton, Land O'Lakes, New Port Richey, Spring Hill, Temple Terrace and Dade City.

Nancy McRoberts Parham, P.A.

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Nancy McRoberts Parham, P.A. serves clients in Tampa Bay in all aspects of Family Law. Armed with a Masters Degree in Marriage and Family Therapy, Mediation Training, and Years of Experience, she aggressively advocates for her client's rights.